PURPOSE: This rule prescribes the procurement process for purchasing services for individuals being served by the department. As set out in sections 34.100 and 630.405, RSMo, the commissioner of administration shall have the power to delegate his/her authority to the department to purchase services for individuals it serves. The delegation of authority requires the department to comply with the basic intent of public procurement procedures to purchase the services.

1. (1) As set out in sections 34.100 and 630.405, RSMo, the commissioner of administration has delegated his/her authority to the department to purchase services from providers directly rather than through the Division of Purchasing of the Office of Administration. The commissioner delegates the authority by letter to the department director on an annual or triennial basis.
2. (2) The director may designate administrative entities for the purchase of services for individuals served by the Division of Behavioral Health and the Division of Developmental Disabilities as defined in section 630.407, RSMo.
3. (3) As set out in section 630.407, RSMo, the department may contract directly with administrative entities without competitive bids.

AUTHORITY: sections 34.100, 630.050, and 630.405, RSMo 2016.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 1, 1990, effective Dec. 31, 1990. Emergency amendment filed July 7, 1992, effective July 17, 1992, expired Nov. 13, 1992. Amended: Filed July 7, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 31, 2000, effective May 30, 2001. Amended: Filed July 1, 2003, effective Dec. 30, 2003. Amended: Filed Feb. 23, 2018, effective Sept. 30, 2018.

*Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995, 2008; and 630.405, RSMo 1980, amended 1993, 1995, 2001, 2011.